Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice
On justice delayed
By Myron Moskovitz
Appellate maven Jon Eisenberg recently filed a complaint with the Commission on Judicial Performance, naming three judges sitt...
Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice
Expedition vs excellence
By Arthur Gilbert
To follow up on last month’s column “Revelations,” this column centers on, not centers around, opinion writing.
Telling effective stories is hard; telling effective stories through the mouths of unwilling and generally uncooperative witne...
U.S. Supreme Court, Criminal, Books
A client’s crisis becomes a legal crisis: A domestic violence ruling goes global
By Caroline Bettinger-López
In 2005, the U.S. Supreme Court issued a vexing decision in Castle Rock v. Gonzales. There, the court found that a do...
Civil Litigation
California’s UCL and CLRA: Open issues for 2021 and beyond
By Stephen J. Newman
California’s Unfair Competition Law and Consumers Legal Remedies Act remain the most litigated consumer protection statutes in...
Criminal, Constitutional Law, Civil Litigation
Self-incrimination and restraining orders in California
By Dean Hansell, Bryant Y. Yang
In part two of this two-part series, we examine how the privilege against self-incrimination affects proceedings under the DVP...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
A regulatory ‘sandbox’ that will turn to quicksand
By Arash Homampour
We’ve all heard the phrase “If it ain’t broke, don’t fix it.” But attempting to do so can backfire and cause more harm than go...
Constitutional Law, Civil Rights
School desegregation in California before Brown
By John S. Caragozian
This story is set in the 1940s in California’s Orange County, then rural and agriculture-dependent. Owing to the era’s relativ...
Law Practice, Judges and Judiciary, Civil Rights
A better criminal justice system
By Eugene M. Hyman
We need a criminal justice system that’s prepared to serve as the caretaker of the community. We also need more domestic viole...
Labor/Employment, Government, Entertainment & Sports
Time to address delay in Talent Agencies Act rulings
By Rick Siegel
Forced by statute, anyone with a breach of contract claim that can be arguably insinuated as subject to the Talent Agencies Ac...
Government, Civil Litigation
Dominion’s $1B suit against Giuliani may expose truth
By John H. Minan
The company alleges that Rudy fraudulently deceived millions of people into believing that Dominion had stolen their votes and...
Technology, Law Practice
Qualms about the deskilling of lawyers due to AI and the law
By Lance Eliot
As artificial intelligence is infused into the practice of law, there are abundant worries in the legal profession that lawyer...
Intellectual Property
Design patents: the forgotten, underappreciated sibling of utility patents
By Dariush Adli
This is unfortunate because it fails to give proper recognition to the tremendous potential of design patents to add value to ...
U.S. Supreme Court, Securities
Landmark insider trading case vacated in light of Bridgegate ruling
By Matthew E. Sloan, Emily Ludmir Aviad
At this stage, it is unclear whether the 2nd Circuit will change its ruling on remand. The Supreme Court’s decision may signal...
Criminal, Constitutional Law, Civil Litigation
Restraining orders and the Fifth Amendment to the Constitution
By Dean Hansell, Bryant Y. Yang
This two-part article explores the effects of such an invocation in the civil proceeding when a parallel criminal action exist...
Clients should also be told about the risks of litigation, including trial, mediation costs and the financial advantages and d...
Real Estate/Development, Alternative Dispute Resolution
2021 real estate trends and ADR
By Mark Loeterman
Burdened with a growing backlog of cases, and courts that are unlikely to address these issues anytime soon, this article cons...
Alternative Dispute Resolution
Virtual ADR in a COVID-19 world
By Rosemarie Chiusano Drohan
As a result of COVID-19, we all have experienced a state of seemingly unrelenting fear and panic, with family and health conce...
Reflections on my time on the Calabasas City Council, including two terms as mayor.
He’s one of the last Trump appointees confirmed by the Senate. Nerdy football player, a CV to die for, a sense of humor, and a...
New book explains regulatory takings in the wake of Knick
By Michael M. Berger
Fortunately for lawyers trying either to make sense of the law or merely to properly represent their clients, Professor David ...
Health Care & Hospital Law, Data Privacy
Rewiring doctors’ and lawyers’ ‘HIPAA-campi’
By An Thien (Andy) Tran
On Jan. 21, the Department of Health and Human Services issued a notice of proposed rulemaking to modify the HIPAA privacy rul...
Environmental & Energy, Administrative/Regulatory
Regulators propose major reform to Prop 65 short warnings
By Willis M. Wagner, Deepi K. Miller
The California Office of Environmental Health Hazard Assessment, known as OEHHA, recently proposed amending certain regulation...
Law Practice, Civil Litigation, Appellate Practice
5 jury trial mistakes that can crush meritorious appeals
By Rex S. Heinke, Ben Feuer
As California begins to emerge from the darkest pandemic months, it is a good time for trial lawyers to remember some of the t...
Criminal
A sharp rebuke to some of Gascón’s most controversial policies
By Dmitry Gorin, Alan Eisner
While a judge took issue with some of the new DA’s most controversial policies, others were left in place. Either way, it appe...
Real Estate/Development
How neighborhoods can fight nuisance properties
By Ryan Griffith
Dealing with severe nuisance properties presents unique challenges for cities, because typical code enforcement efforts of not...
Constitutional Law
Can professional associations dismiss members for internet posts?
By Joshua J. Borger
Many private organizations, including those in which people are essentially required to join for business purposes, will likel...
For 2020 payments, the IRS developed a new form for reporting payments to independent contractors. The new form is IRS Form 10...
Law Practice, Ethics/Professional Responsibility
Legal ethics and mental health during ‘these uncertain times’
By Louie H. Castoria
We cope with anxiety, stress, depression and other imbalances in our own ways, such as meditation, physical activity, hobbies,...
Health Care & Hospital Law
Therapists need clarity on duty to warn of patients’ violent threats
By Alexander C. Sones M.D., Robert Weinstock
The varied interpretations of the leading case on the issue create three salient problems for practicing psychotherapists. Fir...